serted verbatim or in hæc verba, shall be computed as any part of such draft.

Remarks. This provision is in the acts of 1739, 1801, and 1813; but the latter part of the paragraph is omitted in the act of 1813, and as I do not perceive the reason of the omission, I have restored it as it stood in the former statutes. I have enlarged the compensation for the draft from 20 to 25 cents a folio; and my reason for it is, that in drafting a bill or answer or other proceeding, in chancery, all the judgment and skill of the solicitor are drawn into exercise. It is in this part of his duty that the interest of his client is most deeply concerned; and the solicitor, if he understands his business, must always faithfully and fairly earn this part of his labor. He is under great responsibilities in the performance of this trust, and he ought to be encouraged to do it well. It will be observed also, that I have omitted the allowances amounting to $3 75, in the act of 1818, for draw. ing a state of the case for the counsel, preparaory to a bill, and attending counsel therewith. That charge was not in the former acts, and I am induced to think such a case is rarely drawn, and that in most instances the charge is for a mere fictitious service.

3. Every engrossment or copy thereof to file, for every ninety words 12 1-2 cents, and for every other necessary copy, for every ninety words, six cents.

Remarks. This allowance is in conformity to the acts of 1789 and 1801, and it only varies from that of 1813, in reducing all copies except the one to file, from 9 to 6 cents, as it stood before. The copy to file ought to be accurately and legibly engrossed; but there ought not to be any inducement to multiply other copies of voluminous pleadings needlessly, and merely for the sake of the charge.

4. Attending the Chancellor out of term upon petition, or upon any other necessary special motion, one dollar.

Remarks. This allowance is intended as a consolidation of a number of allowances in the act of 1813, such as "attending the Chancellor with a petition when argued $1 25, and when not argued 75 cents: Attending upon every common motion or upon entering eve. ry rule or order of course, 50 cents; attending upon every special motion, or upon entering any rule or order upon cause shown, $1,

and attending upon the argument of every special motion $1 25."— The former acts of 1789 and 1801, had also a number of allowances under this head, such as "attending the Chancellor upon petition, 50 cents; attending the Chancellor upon every common motion, 50 cents; attending upon every special motion when argued, 75 cents." These numerous and complicated allowances, and particularly as to rules and orders of course, were calculated to swell the costs very greatly, and without any sufficient cause. It was quite perplexing in many cases to discover what charges were truly within the act. By reducing them all to one simple and reasonable charge for every special motion actually and necessarily made before the Chancellor, I apprehend the bill of costs in most cases will be much reduced, and yet perfect justice will be done to the fair practitioner.

5. Attending the court of chancery in term time, upon every special motion, founded on previous notice, 1 dollar, and if argued or opposed, $1 50.

Remarks. This allowance is only an extension of the other to cases arising in term time.

6. Actually attending the court of chancery in term upon the hearing of a cause in which he is the solicitor, and which is set down for hearing and argued, 5 dollars.

Remarks.-This allowance is intended as a substitute for the charge in the act of 1813, which gives the solicitor for every day's attend. ance while the cause is in hearing, or for the purpose of hearing, $150. It has happened, that an argument upon the hearing, owing to the importance of the cause, the different interests concerned, and the mass of testimony, has consumed 8 or 10 days. An important cause will usually consume 3 or 4 days. But under the act of 1813, very extravagant charges have been made for attendance before hearing, and which I have witnessed with much regret. An attendance to upwards of 50 days has been charged and allowed by a master. I mention this, to show to what extent charges will be carried, if the fee bill be left any ways indefinite. I think the solicitor ought to be encouraged to attend the argument of counsel upon the merits of his client's case. His information and diligence may be very important to his client's interests, and circumstances often occur in the progress of an argument, in which that information and diligence are required.

This is one of those allowances, which, under the restraint proposed, cannot be abused, and if the service be faithfully rendered, the compensation is amply and more than amply earned.

7. Serving every rule or order, or copy of interrogatories, on the person to be served therewith, 25 cents.

Remarks. This charge is taken from the act of 1813, but in that act the service of a copy of interrogatories is 50 cents. I see no reason why that service is worth more than another.

8. Serving a subpoena to appear and answer, or an injunction, 75

cents.

Remarks. This charge is taken from the act of 1813, and it appears to be proper.

9. Every necessary notice or summons in a cause, actually given, and including copy and service, 37 1-2 cents.

Remarks.

This allowance is intended to embrace nine different and separate allowances under the act of 1813. The allowance in some of those cases is 25 cents; in others 38 cents, in others 50 cents, and in some cases there is a distinct charge for a copy of the notice. I prefer the simplicity of the bills of 1789 and 1801, from which I have taken the above charge, and I bave omitted all those varied and complex and perplexing provisions concerning notice in the act of 1813.The bill of costs will no doubt be much diminished, and certainly will be much easier understood by this alteration.

10. Drawing instructions for the examination of each witness, 25

cents.

Remarks.-The same allowance is to be found in all the former statutes.

11. Abbreviating every bill, answer, depositions, and exhibits for the use of counsel, and actually made for that purpose, and when the counsel is not the same person as the solicitor, for every ninety words contained in the writing abbreviated, S cents,

Remarks. This charge was in the acts of 1789 and 1801, and the allowance was but three cents a folio; but in the act of 1813, it was increased to 10 cents a folio. I am of opinion, the allowance should be very moderate, so as not to create any temptation to make the ↑ abbreviation when not really required, and merely for the expense. I have seen a charge for such abbreviation amount to 20 dollars, when I was satisfied the only object was the costs. I have accord. ingly reduced the price down to the old standard of 3 cents per folio.

12. Drawing brief for counsel on every special motion or petition founded on notice to the adverse party, 1 dollar.

Remarks.-The acts of 1789 and 1801 gave 19 cents for a brief by the folio, but this is a dangerous mode of allowance, for a brief is quite undefinable, and may be very long or very short, according to the genius or pleasure of the solicitor. I have thought it better to give a specific allowance, and to confine it to cases of special application founded on notice. This will effectually guard against briefs in unnecessary cases. The act of 1813 gave $1 50 for the brief in such cases; but I am of opinion, that I dollar is a sufficient allowance for the ordinary run of cases arising on special motions.

13. Drawing brief for counsel upon the hearing of a cause set down for hearing at term, or for a hearing before a master on a reference to take and state an account, 2 dollars; but this allowance is not to extend to a hearing required by the rules of the court where the bill has been taken pro confesso.

Remarks. The act of 1813 allows for the brief upon hearing at so much the folio, and this, as I have already observed, was the mode of allowance under the former statutes. I have given a fair sum in gross in lieu of the uncertainty of the charge by the folio, and the allowance applies when the solicitor cannot but earn it. If ever a brief was requisite and ought to be well paid for, it is when it is made for the hearing of the cause upon the merits. The whole controversy is then at stake. So on a reference on taking an account, the investigation is laborious and difficult. If the matter be litigated, the solicitor and counsel never are or can be paid by taxable costs. They form but a very inconsiderable part of the deserved compensation.

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14. Drawing charges or discharges before a master, for each sheet containing ninety words, 20 cents.

Remarks. This charge was the same in all the former statutes, and is too plain to need explanation.

15. Attending the master upon any matter referred to him, not being a matter of account, when argued between the parties, 1 dollar, and when not argued, 50 cents.

Remarks. The allowance by the acts of 1789 and 1801, was but 50 cents for attending a reference, whether argued or not; but by the act of 1813, it was $1 25, when the matter was argued, and there was likewise an allowance of $2 50 for arguing any matter referred It appears to me, that the allowance I have adopted, is just and moderate, and ordinarily there is not much argument before the master, except it be upon taking and stating an account, and for that case I have made provision in the next section.

16. Arguing before the master on a reference to take and state an account, $2 50.

Remarks. This allowance is what the act of 1813 gives, for ar guing in every case of reference before a master, when perhaps the only question may be a calculation of interest. In half the cases of reference there is no argument or only the semblance of one. Such an indiscriminate charge enhances the costs very considerably, and I think unnecessarily, for a reference occurs in almost every possible case, and frequently two or three times in the same cause. I have thought it would be best to confine the allowance to cases of accounting before a master, and the allowance is well earned, for such cases afford the most tedious and oppressive investigations that occur in the whole progress of a chancery suit. I have known a single cause upon reference to consume fifty-seven different hearings, and most of them were probably more fatigueing than a trial at law at the cirIn those cases the solicitor will be very frugally paid even by this allowance.

cuit.

17. Atteuding a master upon a summons to attend him, or upon a taxation of costs, 50 cents.